359. Sex difference and evolution. According to the current applications of the evolution philosophy it is argued that "inheritable characters peculiar to one sex show a tendency to be inherited chiefly or solely by that sex in the offspring."[1134] Women are said to be mentally more adaptable.[1135] This is shown in their tact, which is regarded as a product of their desire to adapt themselves to the stronger sex, with whose muscular strength they cannot cope. If a woman should resist her husband she would provoke him, and her life would be endangered. Passive and resigned women would survive. "Here at any rate we may have one of the reasons why women are more passive and resigned than men."[1136] Their tact is attributed to their quicker perception and to their lack of egoism. "The man, being more self-absorbed than the woman, is often less alive than she to what is going on around."[1137] The man has a more stable nervous system than the woman. Combativeness and courage produce that stability; emotional development is antagonistic to it. "In proportion as the emotions are brought under intellectual control, in that proportion, other things being equal, will the nervous system become more stable."[1138] Ages of subjection are also said to have produced in women a sense of dependence. Resignation and endurance are two of women's chief characteristics. "They have been educated in her from the remotest times."[1139] Throughout the animal kingdom males are more variable than females. Man varies through a wider scale than woman. Dwarfs and giants, geniuses and idiots, are more common amongst men than amongst women.[1140] Women use less philosophy; they do not think things out in their relations and analysis as men do. Miss Kingsley said that she "had met many African men who were philosophers, thinking in the terms of fetich, but never a woman so doing."[1141]

On the facts of observation here enumerated nearly all will agree. The traits are certainly handed down by tradition and education. Whether they are evolutionary is far more doubtful. They are thought to be such by virtue of applications of some generalizations of evolutionary philosophy whose correctness, and whose application to this domain, have never been proved.

360. The sex distinction; family institution; marriage in the mores. The division of the human race into two sexes is the most important of all anthropological facts. The sexes differ so much in structure and function, and consequently in traits of feeling and character, that their interests are antagonistic. At the same time they are, in regard to reproduction, complementary. There is nothing in the sex relation, or in procreation, to bring about any continuing relation between a man and a woman. It is the care and education of children which first calls for such a continuing relation. The continuing relation is not therefore "in nature." It is institutional and conventional. A man and a woman were brought together, probably against their will, by a higher interest in the struggle for existence. The woman with a child needed the union more, and probably she was more unwilling to enter it. It is almost impossible to find a case of a group in which marriage does not exist, and in which the sex relation is one of true promiscuity. We are told that there is no family institution amongst the Bako, dwarfs in Kamerun. They obey animal instincts without restriction.[1142] This means that the origin of the family institution lies in the period before any group formations now open to our study, and promiscuity is an inference as to what preceded what we can find. A woman with a child entered into an arrangement with a man, whether the father or not was immaterial, by which they carried on the struggle for existence together. The arrangement must have afforded advantages to both. It was produced by an agreement. The family institution resulted and became customary by imitation. Marriage was the form of agreement between the man and the woman by which they entered into the family institution. In the most primitive form of life known to us (Australians and Bushmen) the man roams abroad in search of meat food. His wife or wives stay by the fire at a trysting place, care for the children, and collect plant food. Thus the combination comes under the form of antagonistic coöperation. It presents us the germ of the industrial organization. It is a product of the folkways, being the resultant custom which arises, in time, out of the ways of satisfying interests which separate individuals, or pairs, invent and try. It follows that marriage in all its forms is in the mores of the time and place.

361. Regulation is conventional, not natural. The sex passion affects the weal or woe of human beings far more than hunger, vanity, or ghost fear. It has far more complications with other interests than the other great motives. There is no escaping the good and ill, the pleasure and pain, which inhere in it. It has two opposite extremes,—renunciation and license. In neither one of these can peace and satisfaction be found, or escape from the irritation of antagonistic impulses. There is no ground at all for the opinion that "nature" gave men an appetite the satisfaction of which would be peaceful and satisfactory, but that human laws and institutions have put it under constraints which produce agony.[1143] The truth is that license stimulates desire without limit, and ends in impotent agony. Renunciation produces agony of another kind. Somewhere between lies temperance, which seems an easy solution, but there is no definition of temperance which is generally applicable, and, wherever the limit may be set, there, on either side of it, the antagonistic impulses appear again,—one of indulgence, the other of restraint,—producing pitfalls of vice and ruin, and ever renewing the strain and torment of the problem of right and duty. Therefore regulation is imperatively called for by the facts of "nature," and the regulation must come from intelligence and judgment. No determination of what the regulation should be has ever yet been found in law or ethics which does not bear harshly on great numbers, and in all stages of civilization numbers are found who violate the regulations and live outside of them.

362. Egoistic and altruistic elements. Here, then, is the case: the perpetuation of the species requires the coöperation of two complementary sexes. The sex relation is antagonistic to the struggle for existence, and so arouses egoistic sentiments and motives, while it is itself very egoistic. It is sometimes said that the struggle for existence is egoistic and reproduction altruistic, but this view rests upon a very imperfect analysis. It means that a man who has won food may eat it by himself, while reproduction assumes the coöperation of others. So far, well; but the struggle for existence assumes and demands co-operation in the food quest and a sharing of the product in all but a very small class of primitive cases; and the sex passion is purely egoistic, except in a very small class of cases of high refinement, the actuality of which may even be questioned. The altruistic element in reproduction belongs to the mores, and is due to life with children, affection for them, with sacrifice and devotion to them, as results produced by experience. It is clear that a division between the food quest as egoistic and reproduction as altruistic cannot be made the basis of ethical constructions. To get the good and avoid the ill there is required a high play of intelligence, good sense, and of all altruistic virtues. Under such a play of interests and feelings, from which no one is exempt, mass phenomena are produced by the ways of solving the problem which individuals and pairs hit upon. The wide range and contradictoriness of the folkways in regard to family life show how helpless and instinctive the struggle to solve the problem has been. Our own society shows how far we still are from a thorough understanding of the problem and from a satisfactory solution of it. It must be added that the ruling elements in different societies have molded the folkways to suit their own interests, and thus they have disturbed and confused the process of making folkways, and have spoiled the result.

363. Primary definition of marriage; taboos and conventionalization. The definition of marriage consists in stating what, at any time and place, the mores have imposed as regulations on the relations of a man and woman who are coöperatively carrying on the struggle for existence and the reproduction of the species. The regulations are always a conventionalization which sets the terms, modes, and conditions under which a pair may cohabit. It is, therefore, impossible to formulate a definition of marriage which will cover all forms of it throughout the history of civilization. In all lower civilization it is a tie of a woman to a man for the interests of both (or of the man). It follows that the sex relation has been a great arena for the use and perfection of the mores, since personal experience and reflection never ceased, and a great school for the education of the race in the use of intelligence, the development of sympathetic sentiments, and in a sense of the utility of ethical regulations. The sex taboo is the set of inhibitions which control and restrain the intercourse of the sexes with each other in ordinary life. At the present time, in civilized countries, that intercourse is limited by taboo, not by law. The nature and degree of the taboo are in the mores. Spanish, French, English, and American women, in the order named, are under less and less strict limitations in regard to ordinary social intercourse with men. The sex taboo could, therefore, be easily pursued and described through the whole history of civilization and amongst all nations. It seems to be arbitrary, although no doubt it has always been due, in its origin, to correct or incorrect judgments of conditions and interests. It is always conventional. That it has been and is recognized is the sum of its justification. When Augustine met the objection that Jacob had four wives he replied that that was no crime, because it was under the custom (mos) of Jacob's time.[1144] This was a complete answer, but it was an appeal to the supreme authority of the mores.

364. Family, not marriage, is the institution. Although we speak of marriage as an institution, it is only an imperfect one. It has no structure. The family is the institution, and it was antecedent to marriage. Marriage has always been an elastic and variable usage, as it now is. Each pair, or other marital combination, has always chosen its own "ways" of living within the limits set by the mores. In fact the use of language reflects the vagueness of marriage, for we use the word "marriage" for wedding, nuptials, or matrimony (wedlock). Only the last could be an institution. Wedlock has gone through very many phases, and has by no means evolved along lines of harmonious and advancing development. In the earliest forms of the higher civilization, in Chaldea and Egypt, man and wife were, during wedlock, in a relation of rational free coöperation. Out of this two different forms of wedlock have come, the harem system and pair marriage. The historical sequences by which the former has been produced could be traced just as easily as those which have led up to the latter. There is no more necessity in one than in the other. Wedlock is a mode of associated life. It is as variable as circumstances, interests, and character make it within the conditions. No rules or laws can control it. They only affect the condition against which the individuals react. No laws can do more than specify ways of entering into wedlock, and the rights and duties of the parties in wedlock to each other, which the society will enforce. These, however, are but indifferent externals. All the intimate daily play of interests, emotions, character, taste, etc., are beyond the reach of the bystanders, and that play is what makes wedlock what it is for every pair. Nevertheless the relations of the parties are always deeply controlled by the current opinions in the society, the prevalent ethical standards, the approval or condemnation passed by the bystanders on cases between husbands and wives, and by the precepts and traditions of the old. Thus the mores hold control over individual taste and caprice, and individual experience reacts against the control. All the problems of marriage are in the intimate relations. When they affect large numbers they are brought under the solution of the mores. Therefore the history of marriage is to be interpreted by the mores, and its philosophy must be sought in the fact that it is an ever-moving product of the mores.

365. Endogamy and exogamy. Although it seems, at first consideration, that savages could not have perceived the alleged evils of inbreeding, yet a full examination of the facts is convincing that they did do so. In like manner, they were led to try to avert overpopulation by folkways. They acted "instinctively," or automatically, not rationally. Inbreeding preserves a type but weakens the stock. Outbreeding strengthens the stock but loses the type. In our own mores each one is forbidden to marry within a certain circle or outside of another circle. The first is the consanguine group of first cousins and nearer. The latter is the race to which we belong. Royal and noble castes are more strictly limited within the caste. Amongst savage peoples there were two ideas which were in conflict: (1) all the women of a group were regarded as belonging to all the men of that group; (2) a wife conquered abroad was a possession and a trophy. Endogamy and exogamy are forms of the mores in which one of these policies has been adopted to the exclusion of the other. Of that we have an example in civilized society, where royal persons, in order to find fitting mates, marry cousins, or uncles, or nieces, and bring on the family the evils of close inbreeding (Spain); or they take slave women as wives and breed out the blood of their race (Athenians, Arabs). The due adjustment of inbreeding and outbreeding is always a difficult problem of policy for breeders of animals. It is the same for men. The social interests favor inbreeding, by which property is united or saved from dispersion, and close relationship seems to assure acquaintance. At Venice, in the time of glory and luxury, great dowers seemed to threaten to dissipate great family fortunes. It became the custom to contract marriages only between families which could give as much as they got. "This was not the least of the causes of the moral and physical decline of the Venetian aristocracy."[1145]

[366.] Polygamy and polyandry. Polygamy and polyandry are two cases of family organization which are expedient under certain life conditions, and which came into existence or became obsolete according to changes in the life conditions, although there are also cases of survival, due to persistence of the mores, after the life conditions have so changed that the custom has become harmful. Population, so far as we know, normally contains equal numbers of the two sexes, except that there are periods in which, for some unknown reason, births of one sex greatly preponderate over those of the other.[1146] There are also groups in which the food quest, or other duty, of the men is such that many lives are lost and so the adults of the two sexes are unequal in number.[1147] Therefore, in a normal population, polygamy would compel many men, and polyandry many women, to remain unmarried. Polyandry might then be supplemented by female infanticide. That any persons in a primitive society should be destined to celibacy is so arbitrary and strange an arrangement that strong motives for it must be found in the life conditions. Two forms of polygamy must be distinguished. (a) In primitive society women are laborers, and the industrial system is often such that there is an economic advantage in having a number of women to one man. In those cases polygamy becomes interwoven with the whole social and political system. Other customs will also affect the expediency of polygamy. Every well-to-do man of the Bassari, in Togo, has three wives, because children are suckled for three years.[1148] (b) In higher civilization, with surplus wealth, polygamy is an affair of luxury, sensuality, and ostentation. It is only in the former case that polygamy is socially expedient, and that women welcome more wives to help do the work and do not quarrel with each other. In the latter case, polygamy is an aberration of the mores, due to selfish force. There are very many examples of polygamy in which the two motives are combined. These are transition stages. Polyandry is due to a hard struggle for existence or to a policy of not dividing property. A Spartan who had a land allotment was forced to marry. His younger brothers lived with him and sometimes were also husbands to his wife. Wives were also lent out of friendship or in order to get vigorous offspring.[1149] Here state policy or the assumed advantage of physical vigor overrode the motives of monogamy which prevailed in the surrounding civilization. In Plautus's comedy Stichus a case is referred to in which two slaves have one woman (wife). Roman epitaphs are cited in which two men jointly celebrate a common wife.[1150] These are cases of return to an abandoned usage, under the stress of poverty. An emigrating group must generally have contained more men than women. Polyandry was very sure to occur. It is said that immigrant groups can be found in the United States in which polyandry exists, being produced in this way. Many aboriginal tribes in India, amongst which the Todas are the best known, practice polyandry. Przewalsky says that in Tibet polyandry is attributed to a tax on houses in which there is a married woman.[1151] Primarily it is due to poverty and a hard habitat. Two, three, or even four brothers have a wife in common. The Russian traveler adds that rich men have a wife each, or even two, and Cunningham[1152] confirms this; that is to say, then, that the number of wives follows directly the economic power of the man. The case only illustrates the close interdependence of capital and marriage which we shall find at every stage. In the days of Venetian glory "often four or five men united to maintain one woman, in whose house they met daily to laugh, eat, and jest, without a shadow of jealousy. If, however, the cleverness of a woman brought a young patrician into a mesalliance, the state promptly dissolved the bond in its own way."[1153] The polyandry of the Nairs, on the Malabar coast, has been cited to prove that polyandry is not due to poverty. It is due to the unwillingness to subdivide the property of the family, which is of the modified mother-family form, all the immediate kin holding together and keeping the property undivided. Subdivisions of this people differ as to details of the custom and it is now becoming obsolete. Of course "moral doctrines" have been invented to bring the custom under a broad principle.[1154] It appears, however, that the husbands, in the Nair system, are successive, not contemporaneous. The custom is due to the Vedic notion that every virgin contains a demon who leaves her with the nuptial blood, causing some risk to her husband. Hence a maiden was married to a man who was to disappear after a few hours, having incurred the risk.[1155] Here, then, we have a case of aberrant mores due to a superstitious explanation of natural facts. Polygamy of the second form above defined is limited by cost. Although polygamy is allowed under Mohammedan law, it is not common for a Mohammedan to have more than one wife, on account of expense and trouble. Lane estimated at not more than one in twenty the number of men in Egypt, in the first half of the nineteenth century, who had more than one wife. If a woman is childless, her husband may take another wife, especially if he likes the first one too well to divorce her.[1156] That is to say, polygamy and divorce are alternatives. Other authorities state that polygamy is more common and real amongst Mohammedans than would appear from Lane's statement. In the cities of Arabia more than one wife is the rule, and the Arabs in Jerusalem take three or four wives as soon as they have sufficient means. The poorest have at least two.[1157]

367. Consistency of the mores under polygamy or polyandry. When the life conditions, real or imagined, produce polygamy, monogamy, or polyandry, all the mores conform to the one system or the other, and develop it on every side. All the concepts of right and wrong—rights, duties, authority, societal policy, and political interest—are implicit in the mores. They must necessarily all be consistent. A Nair woman is no more likely to overstep the mores of her society than an English woman is to overstep the mores of hers. "The relations between the sexes in Malabar are unusually happy."[1158] Tibetan men are said to be courteous to women.[1159] Tibetan women like polyandry. They sneer at the dullness and monotony of monogamic life.[1160] Thus the ethics follow the customs.